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RAVI RANJAN, SUJIT NARAYAN PRASAD
Their Workman-Dharambir Beldar represented by Shib Sadhan De, Central Secretary, Koyala Ispat Mazdoor Panchayat – Appellant
Versus
Employers in relation to the management of Barora Area of M/S Bharat Coking Coal Ltd – Respondent
JUDGMENT :
I.A. No. 326 of 2021
The instant Interlocutory Application has been filed for condonation of delay of 55 days in filing the instant appeal.
2. No counter affidavit to the Interlocutory Application has been filed on behalf of the respondent.
3. Heard the parties.
4. Having regard to the averments made in this Interlocutory Application and considering the submissions made on behalf of the parties, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.
5. Accordingly, I.A. No. 326 of 2021 is allowed and delay of 55 days in preferring the appeal is condoned.
L.P.A. No. 573 of 2019
6. With the consent of the parties, the matter has been heard on merit today itself.
7. The instant intra-court appeal, under clause 10 of the Letters Patent, has been preferred against order/judgment dated 18.06.2019 passed in W.P. (L) No. 2089 of 2017 whereby and whereunder the Award dated 21.07.2016, passed by the learned Industrial Tribunal, Dhanbad in Reference Case No. 40 of 2013 by which the petitioner was held entitled for appointment on compassionate ground, was quashed and set aside by allowing the writ petition filed on
The delay and laches in seeking appointment on compassionate ground, and the lapse of 30 years since the employee's death, barred the claimant from entitlement to such appointment.
The purpose of appointment on compassionate ground is to provide immediate financial relief to the dependent family members of the deceased bread earner, and such appointment cannot be claimed or off....
Compassionate appointment cannot be given as a matter of course and depends upon various factors, including the financial condition of the family of the deceased and other relevant factors.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
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